Regulations of Chongqing Municipality on Personnel Management of Public Institutions

Chapter I General Provisions Article 1 These Regulations are formulated in order to standardize personnel management in public institutions, safeguard the legitimate rights and interests of staff in public institutions, build a high-quality staff team in public institutions and promote the development of public undertakings. Article 2 Personnel management in public institutions shall adhere to the principle that the Party manages cadres and talents, and comprehensively and accurately implement the principles of democracy, openness, competition and merit selection. The state implements classified management for the staff of public institutions. Article 3 The comprehensive personnel management department of central institutions shall be responsible for the comprehensive personnel management of public institutions throughout the country. The comprehensive personnel management department of local institutions at or above the county level is responsible for the comprehensive personnel management of institutions in this area. The competent department of public institutions shall be specifically responsible for the personnel management of their subordinate institutions. Fourth institutions should establish and improve the personnel management system. When a public institution formulates or modifies the personnel management system, it shall listen to the opinions of the workers through the workers' congress or other forms. Chapter ii post setting article 5 the state establishes a post management system for public institutions and determines the post categories and grades. Article 6 A public institution shall, according to its duties, tasks and work needs, set up posts in accordance with relevant state regulations. The post should have a clear name, responsibilities, tasks, work standards and qualifications. Article 7 When a public institution formulates a post setting plan, it shall report it to the comprehensive personnel management department for the record. Chapter III Open Recruitment and Competitive Recruitment Article 8 New recruits of public institutions shall be openly recruited for the society. Except for those who are placed according to national policies, appointed by superiors according to personnel management authority, and classified positions. Article 9 Public recruitment of staff in public institutions shall be carried out in accordance with the following procedures: (1) Formulating an open recruitment plan; (2) Announcing recruitment information such as recruitment positions and qualifications; (3) Examining the qualifications of candidates; (4) Examination and inspection; (5) physical examination; (6) Publicizing the list of persons to be employed; (seven) to conclude an employment contract and go through the employment procedures. Article 10 If a public institution has a job candidate who needs to compete for posts, it shall follow the following procedures: (1) Formulate a competitive post plan; (two) in the unit announced competitive positions, qualifications, employment period and other information; (3) Examining the qualifications of competitors; (4) evaluation; (5) Publicizing the list of persons to be employed by the unit; (6) Handling the appointment procedures. Article 11 The staff of public institutions may communicate in accordance with the relevant provisions of the state. Chapter IV Employment Contracts Article 12 The term of employment contracts concluded between public institutions and their staff members is generally not less than three years. Thirteenth staff and institutions for the first time to conclude the employment contract for three years, the probation period is 12 months. Article 14 If a staff member of a public institution has worked continuously in this unit for 10 years and is less than 10 years from the statutory retirement age, and proposes to conclude an employment-to-retirement contract, the public institution shall conclude an employment-to-retirement contract with him. Article 15 If the staff of a public institution is absent from work for more than 15 working days, or the cumulative absenteeism for more than 30 working days in 10 year, the public institution may terminate the employment contract. Article 16 If a staff member of a public institution fails to pass the annual examination and refuses to adjust his post, or fails to pass the annual examination for two consecutive years, the public institution may terminate the employment contract with a written notice 30 days in advance. Article 17 The staff of a public institution may terminate the employment contract by giving a written notice to the public institution 30 days in advance. However, unless otherwise agreed by both parties to terminate the employment contract. Article 18 If a staff member of a public institution is dismissed, the employment contract shall be terminated. Nineteenth since the date of dissolution and termination of the employment contract according to law, the personnel relationship between the institution and the person whose employment contract is dissolved or terminated is terminated. Chapter V Assessment and Training Article 20 A public institution shall, according to the post responsibilities and tasks stipulated in the employment contract, make a comprehensive assessment of the performance of its staff with the focus on their work performance. The evaluation shall listen to the opinions and comments of the client. Twenty-first assessment is divided into peacetime assessment, annual assessment and employment assessment. The annual assessment results are divided into excellent, qualified, basically qualified and unqualified grades, and the employment assessment results are divided into qualified and unqualified grades. Twenty-second assessment results as the basis for adjusting the post and salary of staff in public institutions and renewing the employment contract. Twenty-third institutions shall, according to the requirements of different positions, prepare staff training plans and conduct classified training for staff. Staff should participate in pre-job training, on-the-job training, post-transfer training and special training according to the requirements of their units to complete specific tasks. Twenty-fourth training funds in accordance with the relevant provisions of the state. Chapter VI Awards and Penalties Article 25 Staff members or collectives of public institutions shall be rewarded in any of the following circumstances: (1) Those who have served the grassroots for a long time, have devoted themselves to their posts and made outstanding achievements; (two) outstanding performance in the implementation of important national tasks and response to major emergencies; (three) there are major inventions and technological innovations in the work; (4) Having made outstanding contributions in cultivating talents and spreading advanced culture; (5) Having made other outstanding contributions. Twenty-sixth rewards adhere to the principle of combining spiritual rewards with material rewards and giving priority to spiritual rewards. Twenty-seventh awards are divided into commendation, merit, meritorious service and honorary title. Article 28 Any staff member of a public institution who commits any of the following acts shall be punished: (1) Damaging the national reputation and interests; (2) Dereliction of duty; (three) to seek illegitimate interests by taking advantage of work; (four) squandering state-owned assets; (five) a serious violation of professional ethics and social morality; (six) other serious violations of discipline. Twenty-ninth sanctions are divided into warning, demerit recording, demotion or dismissal and expulsion. The penalty period is: warning, 6 months; Records, 12 months; Demotion or dismissal, 24 months. Thirtieth staff with clear facts, conclusive evidence, accurate qualitative analysis, proper handling, legal procedures and complete procedures shall be punished. Thirty-first staff members were dismissed, and there was no violation of discipline during the disciplinary period. After the expiration of the punishment, the punishment decision unit cancels the punishment and notifies me in writing. Chapter VII Wages, Welfare and Social Insurance Article 32 The State establishes a wage system for public institutions that combines incentives and constraints. The salary of staff in public institutions includes basic salary, performance salary and allowance. The salary distribution of public institutions should be combined with the characteristics of different industries and institutions, reflecting factors such as job responsibilities, work performance and actual contribution. Article 33 The State establishes a mechanism for the normal wage increase of staff in public institutions. The salary level of staff in public institutions should be coordinated with the development of national economy and adapt to social progress. Thirty-fourth staff of public institutions enjoy the welfare benefits stipulated by the state. Institutions implement the working hours system and vacation system stipulated by the state. Thirty-fifth institutions and their staff shall participate in social insurance according to law, and staff shall enjoy social insurance benefits according to law. Thirty-sixth staff of public institutions shall retire if they meet the retirement conditions stipulated by the state. Chapter VIII Handling of Personnel Disputes Article 37 Personnel disputes between staff of public institutions and their units shall be handled in accordance with the Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes and other relevant provisions. Thirty-eighth staff of public institutions who are dissatisfied with the assessment results and punishment decisions involving themselves may apply for review and appeal in accordance with relevant state regulations. Article 39 A person in charge of the employment, assessment, reward and punishment and personnel dispute settlement of a public institution shall be withdrawn in any of the following circumstances when performing his duties: (1) He is interested in himself; (2) Having an interest in his near relatives; (three) other may affect the impartial performance of duties. Fortieth any unit or individual may complain and report violations of laws and regulations in personnel management to the comprehensive personnel management department, competent department or supervisory organ of public institutions, and the relevant departments and organs shall promptly investigate and deal with them. Chapter IX Legal Liability Article 41 If a public institution violates the provisions of these Regulations, the comprehensive personnel management department or competent department of the public institution at or above the county level shall order it to make corrections within a time limit; If no correction is made within the time limit, the directly responsible person in charge and other directly responsible personnel shall be punished according to law. Article 42 If the personnel handling of public institutions violates the provisions of these regulations and causes reputational damage to the parties concerned, they shall apologize, restore their reputations and eliminate the influence; If economic losses are caused, compensation shall be made according to law. Article 43 If the staff of the comprehensive personnel management department and the competent department of public institutions abuse their powers, neglect their duties or engage in malpractices for selfish ends in the personnel management of public institutions, they shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Chapter X Supplementary Provisions Article 44 These Regulations shall come into force on July 1 2065438.

Legal objectivity:

The State Council recently promulgated the Regulations on Personnel Management of Public Institutions, which will take effect on July 1. The regulations point out that in terms of wages, welfare and social insurance, the state has established a wage system for public institutions that combines incentives and constraints. The salary of staff in public institutions includes basic salary, performance salary and allowance. In the newly promulgated Regulations on Personnel Management of Public Institutions, the biggest highlight is that it is becoming more and more enterprise-oriented and market-oriented, especially in the aspects of open recruitment, competition for posts, performance appraisal, actual contribution and salary increase. The new Regulations on Personnel Management of Public Institutions increasingly embodies the guiding ideology of "making the market play a decisive role in resource allocation" in the comprehensive deepening reform of the Third Plenary Session of the 18th Central Committee, and will surely become an important guiding ideology for revising the Regulations on the Administration of State Civil Servants and strengthening the management of civil servants in the future. However, in the Regulations on Personnel Management of Public Institutions, we still see a certain "bureaucratic" flavor. For example, Article 2 the Party adheres to the principle of managing cadres and talents, Article 5 the State determines the post categories and grades, Chapter 6 rewards and punishments are like copying the provisions of the Regulations on the Administration of State Civil Servants, and Article 29 "Punishment is divided into warning, recording a demerit, lowering the post grade or dismissal or expulsion." The penalty period is: warning, 6 months; Records, 12 months; "Lowering the post level or dismissing for 24 months" makes us understand again the reasons for frequent corruption: warnings, demerits, dismissals and dismissals that often appear in violation of the eight regulations are all temporary. The staff of 30 million public institutions in China can be described as public officials wearing vests, among which the departments of economy, quality supervision, price, transportation, environmental protection, urban management, public security and inspection law and education system are the main departments that are easy to breed corruption and seriously affect the credibility of the party and the government. The author believes that the management and standardization of public institutions need to be further commercialized and marketized, and strict supervision and accountability mechanisms should be introduced. Only in this way can we prevent the staff of public institutions from wearing the vest of public power and repeatedly hurting the interests of the people and the credibility of the party and the government.